Enforcing Your Rights

They may simply not understand the law and/or fully appreciate their responsibilities as an employer.

They may know that they are breaking the law, but hope they can get away with it. There was growing evidence that the introduction of very high tribunal fees to access the employment tribunal had exactly this effect on some employers. However, as of July 2017, there is no longer a fee to access an employment tribunal.

They may genuinely believe they are acting correctly and within the law, but you and your advisers disagree.

In other cases, the law may not be clear and a test case will be necessary to settle not just your case but that of many other people in your position.

This section looks at how you can get your employer to respect your rights. As a last resort, this may mean commencing legal action, but this is never easy and other ways of resolving disputes should normally be attempted first. Union members should seek early advice from their union rep or union official. It’s at times like this that members appreciate the value of their union card.

Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.